GIFFORD PETERSEN, APPELLANT,
v.
K-MART CORPORATION, APPELLEE
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The court affirmed the trial court's order for a new trial on punitive damages, holding that under Mercury Motors Express, Inc. v. Smith, an employer is not vicariously liable for punitive damages unless there is proof of fault on the employer's part that foreseeably contributed to the plaintiff's injury.
An employer is not vicariously liable for punitive damages under respondeat superior unless there is proof of fault on the employer's part which foreseeably contributed to the plaintiff's injury.
[1] An employer is not vicariously liable for punitive damages under respondeat superior unless there is proof of fault on the employer's part which foreseeably contributed t…
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Join FLexlaw to unlock all legal intelligence“an employer is not vicariously liable for punitive damages under the doctrine of respondeat superior unless there is proof of fault on the employer's part which foreseeably contributed to the plaintiff's injury”
Statement of the legal standard from Mercury Motors that governs vicarious liability for punitive damages
A jury awarded punitive damages against K-Mart Corporation in a personal injury case. The trial judge found the punitive damages award excessive and o…
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DAUKSCH, Chief Judge.
This appeal comes to. us primarily upon an order requiring the appellant to either remit a portion of the punitive damages award or have a new trial on the issue of punitive damages. The trial judge determined the jury awarded an excessive amount for punitive damages.
By cross-appeal the appellee says the trial court erred in allowing the punitive damages issue to go to the jury in any event.
After this appeal was filed, the Florida Supreme Court issued its opinion in Mercury Motors Express, Inc. v. Smith, 393 So. 2d 545 (Fla.1981), and we deem that case to be on point. It persuades us to say that based upon the evidence before the jury the plaintiff is not entitled to any punitive damages because the standard required in Mercury Motors was not met. Mercury Motors held that an employer is not vicariously liable for punitive damages under the doctrine of respondeat superior unless there is proof of fault on the employer’s part which foresee-ably contributed to the plaintiff’s injury. In point of fact, the plaintiff rather presciently, attempted to prove some matters relating to K-Mart’s hiring practices and the like and was met by the objection of the defendant and the ruling of the trial court which prevented inquiry into that subject. Because plaintiff preserved these points for appeal, we affirm the order for new trial on punitive damages in order to require and permit, if he can, the plaintiff to prove the essentials required by Mercury Motors.
ORDER OF NEW TRIAL AFFIRMED.
FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.
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Citator
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E. AIR Lines, Inc. v. Gellert, 438 So. 2d 923 (Fla. 3d DCA 1983)…tors, Inc. v. Troge, 428 So. 2d 931 (Fla. 3d DCA 1982), or lacked appropriate supervision by Eastern, see Petrites v. J.C. Bradford & Co., 646 F. 2d 1033 (5th Cir.1981), or that Ashlock was negligently hired by Eastern, see Petersen v. K-Mart Corp., 402 So. 2d 1215 (Fla. 5th DCA 1981), rev. denied, 412 So. 2d 467 (1982), or that in some other manner Eastern departed from some standard of care or did anything which foreseeably contributed to an injury suffered by Gellert. Therefore, under Mercury Motors Express…
Authorities Cited
- Mercury Motors Express, Inc. v. Smith, 393 So. 2d 545 (Fla. 1981)